IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

WEDNESDAY, THE 2^ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943 BAIL APPL. NO. 1335 OF 2022 CRIME NO.77/2005 OF Chirayinkeezhu Police Station, Thiruvananthapuram PETITIONER/3RD ACCUSED:

SAJI @ SAJEEV AGED 42 YEARS CHARUVILA VEEDU, MUDAPURAM DESOM, KIZHUVILOM VILLAGE, THIRUVANANTHAPURAM 695104., PIN - 695104 BY ADV M.R.SARIN RESPONDENT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV T.R. RENJITH, SR. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

The petitioner is the 3^rd accused in Crime No.77/2005 of Chirayinkeezhu Police Station, Thiruvananthapuram District.

2. The learned counsel for the petitioner submits that accused Nos.1, 2, & 4 to 10 were acquitted after trial. The charge against accused No.3, the petitioner herein and accused No.11 was split up and the matter is now pending as LP 65/2020 on the file of the Additional Sessions Judge -VII, Thiruvananthapuram.

3. The prosecution allegation is that accused Nos.1 to 11 with the intention to commit dacoity tresspassed into the compound of CW1 and robbed gold and also caused injury to CW1 in the process and thereby committed the offence under Section 395 of the Indian Penal Code.

4. The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that though there are some criminal antecedents reported against the petitioner, those relate to old matters and the petitioner has not involved in any crime in the recent past. It is submitted that the petitioner has been in custody for 59 days. It is submitted that the petitioner will duly appear before the court in LP 65/2020.

5. Heard the learned Public Prosecutor also. The learned Pubic Prosecutor points out the circumstances of the case and refers to the criminal antecedents reported against the petitioner. It is submitted that since the petitioner was absconding, trial against him could not be completed and if the petitioner is granted bail there is every chance the petitioner will abscond again.

6. The learned counsel for the petitioner submits that the apprehension expressed by the learned Public Prosecutor can be dealt with by imposing appropriate conditions and that since accused Nos.1, 2 & 4 to 10 have already been acquitted in the matter there is every chance that the petitioner will also be acquitted because the role ascribed to the petitioner is no different from the role ascribed to the other accused in the case.

7. Having regard to the facts and circumstances of the case, I am of the view that the petitioner can be granted bail subject to conditions. Appropriate conditions can be imposed to ensure that he make himself available for trial.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall appear before the jurisdictional court (where LP65/2020 is pending) without fail. He shall also report before the Station House Officer, Chirayinkeezhu Police Station on every Monday and Saturday at 11 a.m until further orders;

(iii) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Station House Officer, Chirayinkeezhu Police Station may file an application before the jurisdictional Court for cancellation of bail.

Sd/-

GOPINATH P.

J